Blu42 Media

Part 3

page 53/568

tum et iudiciis seultetialibus, there per contraversias quam per occlusos rothulos, tum etiam ex cittationibus regalibus there contra dignitarios et officiales et ex officio ipsorum tum etiam contra privatas personas civiles et criminales tam iuri terrestri quam maidenburgensi subiectis vel etiam quocumque modo pro capite inlentatis, so that the cities are no longer to boast of any of their liberties, but they are to be subject to this judgment in omnibus causis there magnis quam parvis as above. 8. Item causas omnes ratione bonorum regalium there in exemptione quam etiam quovis modo alio introductas inter personas privatas et ratione injuriarum per tenularios illalas et ademptiónis bonorum post mortem regiam nullo iure ademptorum are to judge. Causas vero ratione bonorum nullo jure occupatorum cum maiestdte regia et inter quascunque alias personas in quocunque punctu et gradu iuris et in quocunque iudicio regni dependentium et in post intentatarum, quoniam eorum decisio ad universum regni totius corpus pertinet, eas omnes ad futurum et proximum regni conventum generalem reicimus, ad constituendum per omnes regni ordines quo modo et in quo foro repeti debent. 9. Item pro poena sessionis turris omnes et singulas tales causas, quae tam in convenfionibus generalibus sive etiam causas post curiam, quae in cancellaria sacrae regiae Maiestatis iudicabanlur, which have not been decided and which are yet to be intended and prosecuted, according to the common law of description are to judge ex instigatione of the initiator described below, cum ea declaratione that if such a case is found criminalis, they should recognize it as such, if it is mera criminalis and which is not, and where they recognize it, they are to question the mera criminalem controversially and at the request of the parties, if it comes from the law, then they should give it to scrutinium, and if everyone agrees on one sentence, then evasionem iuridiciam where the common law allows, and ex scrutinio would show up, convict. But if there was to be a decree in principali super reo concerning honesty or integrity, then, after hearing and writing down the controversy, they should send it to the general assembly shortly thereafter cum praefixione termini. And yet, the above-mentioned article is to be understood when we have an IMci king in Poland, but as long as there is no IMci king et durante tempore interregni, then every criminal case that falls under this time will be judged diffinite according to the Confederation, without being referred to the Sejm. And at such a Sejm all matters referred, sine limitationibus, are to be considered, and the deputies will have to bid for them. If the case were to be declared non criminalem, they would judge it without sending it back ad forum competens civiliter. And in the cases described above, pro poena turris, the mayor is to give an instigator and act on it as in the new courts under the guilt as it was set in the new courts. 10. If a person is sentenced to take an oath in aliqua causa, then it will be in arbitrio illius partis to whom the jury will sentence him, either to the court where the case was brought, or to the same tribunal, having arranged a time for him to come cum testibus to renew the oath. 11. We decide to place these courts in Lviv in the castle. 12. There are to be local writers for all these courts, but also for German matters, so these Messrs. the judges whom they choose from among these city judges will be responsible for writing decrees on German matters. Who also do not have to pass oaths on written secrets and do not take votes. 13. These salaria in duplo judges are to have a memorable penny decem from the et poenas iudiciarias decree. And they are not to write any decree, one thing is that from these judges in scriptis it will be given and offered before the parties, and the judges praesentes are to take the blankets, and in absentia the iudicum is to take the iudicium. 14. Item extracts are to be issued without any delay sub privatione officii, and if any of the earthly officials and dignitaries dies, then the judges and the nobility who will be there for that time will choose another ad hunc solum actum, if the king has not given it to them beforehand. 15. Court security. The point is that no one should dare to come to the city where the judges will be elected to the electoral assemblies, and where such courts will be in a tumult, armed, with rifles and any kind of rifle, and that no one should enter the court except to be entered in the register, and whoever is called from the register, and with no more